Oklahoma Supreme Court Decisions 2018

ESTABLISHMENT OF THE 2019 UNIFORM MILEAGE REIMBURSEMENT RATE
Date: December 19, 2018
Citation: 2018 OK 104
D. A. v. Oklahoma ex rel. Oklahoma State Bureau of Investigation  
Date: December 18, 2018
Citation: 2018 OK 102
Docket Number: 116434

Justia Opinion Summary: In 2008, the Purcell, Oklahoma Police Department arrested the petitioner-appellee, D. A. for Larceny of CDS (a controlled dangerous substance), unlawful possession of CDS and obtaining CDS by forgery/fraud. The State cha...

Braitsch v. City of Tulsa  
Date: December 18, 2018
Citation: 2018 OK 100
Docket Number: 116510

Justia Opinion Summary: Petitioner Kelli Braitsch injured her right arm while employed by the City of Tulsa and after the effective date of the Administrative Workers' Compensation Act (AWCA). Through her collective bargaining agreement, Braits...

J.M.L. v. STATE
Date: December 18, 2018
Citation: 2018 OK 103
Docket Number: 116534
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. DUNIVAN
Date: December 18, 2018
Citation: 2018 OK 101
Docket Number: SCBD-6604
IN RE RULES FOR THE COMMITTEE ON JUDICIAL ELECTIONS
Date: December 17, 2018
Citation: 2018 OK 98
Docket Number: SCBD-5703
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. PATTON
Date: December 17, 2018
Citation: 2018 OK 99
Docket Number: SCBD-6734
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. SMALLEY
Date: December 11, 2018
Citation: 2018 OK 97
Docket Number: SCBD-6548
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. OLIVER
Date: December 11, 2018
Citation: 2018 OK 95
Docket Number: SCBD-6728
RE VIDEOCONFERENCING IN THE DISTRICT COURTS
Date: December 10, 2018
Citation: 2018 OK 96
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. MERRILL
Date: December 10, 2018
Citation: 2018 OK 94
Docket Number: 6712
Christian v. Christian  
Date: December 4, 2018
Citation: 2018 OK 91
Docket Number: 115474

Justia Opinion Summary: Husband and Wife were divorced following a four-day trial. On June 30, 2016, a Decree of Dissolution of Marriage, memorializing the trial court's rulings, was filed in the proceeding. On July 15, 2016, Husband and Wife b...

In the Matter of C.M.  
Date: December 4, 2018
Citation: 2018 OK 93
Docket Number: 116494

Justia Opinion Summary: In 2013, DHS removed R.M, C.M., and E.M., then eight (8) years and six (6) months, six (6) years and ten (10) months, and four (4) years and ten (10) months old respectively, from Mother's custody. The questions this cas...

Barrios v. Haskell County Public Facilities Authority  
Date: December 4, 2018
Citation: 2018 OK 90
Docket Numbers: 117103, 117107, 117154

Justia Opinion Summary: Russell Foutch and Randall Barrios died while incarcerated in Oklahoma jails: Barrios by his own hand; Foutch from complications related to pneumonia. Their estates sued the respective jails, one sheriff, and various emp...

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. MINKS
Date: December 3, 2018
Citation: 2018 OK 92
Docket Numbers: SCBD-6644, Rule 6.2A
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. GAINES
Date: November 20, 2018
Citation: 2018 OK 89
Docket Number: SCBD-6630
IN THE MATTER OF THE APPLICATION OF THE OKLAHOMA TURNPIKE AUTHORITY
Date: November 14, 2018
Citation: 2018 OK 88
Docket Number: 117233
IN RE AMENDMENT OF RULE 7 OF RULES GOVERNING ADMISSION TO THE PRACTICE OF LAW
Date: November 13, 2018
Citation: 2018 OK 86
Docket Number: SCBD-6707
IN RE AMENDMENT OF RULE 11 OF RULES GOVERNING ADMISSION TO THE PRACTICE OF LAW
Date: November 13, 2018
Citation: 2018 OK 87
Docket Number: SCBD-6708
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BLACK
Date: October 30, 2018
Citation: 2018 OK 85
Docket Number: SCBD-6557
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. DALTON
Date: October 29, 2018
Citation: 2018 OK 84
Docket Number: SCBD-6684
Lay v. Ellis  
Date: October 23, 2018
Citation: 2018 OK 83
Docket Number: 115992

Justia Opinion Summary: The district court found respondent-appellant Warren Ellis, Jr. guilty of contempt related to his failure to follow the terms of a divorce decree and separation agreement. Ellis appealed when the trial court issued a cer...

MULTIPLE INJURY TRUST FUND v. TWEEDY
Date: October 23, 2018
Citation: 2018 OK 81
Docket Number: 116224
IN RE MATTER OF THE REINSTATEMENT OF TUNELL
Date: October 22, 2018
Citation: 2018 OK 82
Docket Number: SCBD-6611
RE RULES AND PROCEDURES FOR THE DISPUTE RESOLUTION ACT APP. C
Date: October 8, 2018
Citation: 2018 OK 80
IN RE RULES OF THE SUPREME COURT FOR MANDATORY CONTINUING LEGAL EDUC.
Date: October 8, 2018
Citation: 2018 OK 79
Docket Number: SCBD-3319
In the matter of J.L.O.  
Date: September 25, 2018
Citation: 2018 OK 77
Docket Number: 116465

Justia Opinion Summary: Mother gave birth to Child J.L.O. in 2016. When Child was less than two weeks old, the Oklahoma Department of Human Services (DHS) removed Child from Mother's custody, and shortly thereafter the State filed a petition re...

IN THE MATTER OF THE REINSTATEMENT OF TAYLOR
Date: September 25, 2018
Citation: 2018 OK 78
Docket Number: SCBD-6551
Engles v. Multiple Injury Trust Fund  
Date: September 18, 2018
Citation: 2018 OK 68
Docket Number: 114833

Justia Opinion Summary: Petitioner Trina Engles received temporary total disability benefits in 2006, for a December 2, 2005 injury. She had fallen backwards in a chair at work, which caused the injury. On January 15, 2010, Engles received perm...

STUBBLEFIELD v. OASIS OUTSOURCING INC.
Date: September 18, 2018
Citation: 2018 OK 70
Docket Numbers: 115557, Comp. w/115558, 115717, Comp. w/115557, 115558
UPTON v. CITY OF TULSA
Date: September 18, 2018
Citation: 2018 OK 69
Docket Numbers: 115557, Comp. w/115558, 115717, Comp. w/115557, 115558
HENRY v. IC BUS OF OKLAHOMA LLC
Date: September 18, 2018
Citation: 2018 OK 71
Docket Number: 116149
TWYMAN v. KIBOIS COMMUNITY ACTION FOUNDATION
Date: September 18, 2018
Citation: 2018 OK 72
Docket Number: 116163
LUNT v. EZ MART STORES INC.
Date: September 18, 2018
Citation: 2018 OK 73
Docket Number: 116174
GORDEN v. BRAUMS INC.
Date: September 18, 2018
Citation: 2018 OK 74
Docket Number: 116276
Fox v. Mize  
Date: September 18, 2018
Citation: 2018 OK 75
Docket Number: 116489

Justia Opinion Summary: This case arose from a 2015 motor vehicle accident between Ronald Fox and James Mize in Norman, Oklahoma. Mize was traveling northbound on Sunnylane Road in a tractor-trailer owned by his employer, Van Eaton Ready Mix, I...

IN THE MATTER OF THE REINSTATEMENT OF HOPLIGHT
Date: September 17, 2018
Citation: 2018 OK 76
Docket Number: SCBD-6596
City of Tulsa v. Hodge  
Date: September 11, 2018
Citation: 2018 OK 65
Docket Number: 113571

Justia Opinion Summary: The petitioner-employer sought review of the Workers' Compensation Court of Existing Claims which upheld a trial court's determination that respondent-employee Jennifer Hodge suffered a change of condition for the worse...

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BARRETT
Date: September 11, 2018
Citation: 2018 OK 67
Docket Number: SCBD-6656
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. CURTHOYS
Date: September 10, 2018
Citation: 2018 OK 66
Docket Number: SCBD-6558
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. ARNETT
Date: September 10, 2018
Citation: 2018 OK 64
Docket Number: SCBD-6676
STATE EX REL. OKLAHOMA BAR ASSOCIATION v. BEDFORD
Date: September 10, 2018
Citation: 2018 OK 63
Docket Number: SCBD-6677
IN THE MATTER OF THE REINSTATEMENT OF MURRAY
Date: July 23, 2018
Citation: 2018 OK 62
Docket Number: SCBD-6613
IN THE MATTER OF THE REINSTATEMENT OF ALBERT
Date: July 17, 2018
Citation: 2018 OK 61
Docket Number: SCBD-6612
Oklahoma v. Durfey  
Date: June 26, 2018
Citation: 2018 OK 58
Docket Number: 114809

Justia Opinion Summary: Appellant, John Burks was a bondsman who posted one hundred thousand dollar ($100,000) bail for defendant Billy Durfey in a criminal case. Durfey did not appear in court and the court forfeited the bond. On December 15,...

Hall v. Galmor  
Date: June 26, 2018
Citation: 2018 OK 59
Docket Number: 115078

Justia Opinion Summary: This appeal centered on the trial court's judgment after a bench trial that denied the Appellant's petition to cancel Appellee's oil and gas leases, to quiet title in favor of the Appellant's "top leases," and to hold Ap...

Hill v. American Medical Response  
Date: June 26, 2018
Citation: 2018 OK 57
Docket Number: 115558

Justia Opinion Summary: The question before the Oklahoma Supreme Court in this case centered on whether evidence in the underlying workers compensation proceeding should have been excluded by the administrative law judge, as well as the constit...

CompSource Mutual Ins. Co. v. Oklahoma ex rel. Okla. Tax Comm.  
Date: June 26, 2018
Citation: 2018 OK 54
Docket Numbers: 116337, 116341

Justia Opinion Summary: CompSource Mutual Insurance Company and the Oklahoma Association of Electric Self Insurers requested rebates from the Oklahoma Tax Commission based upon previously paid Multiple Injury Trust Fund assessments. The request...

Martin v. Phillips  
Date: June 26, 2018
Citation: 2018 OK 56
Docket Number: 116672

Justia Opinion Summary: Daniel Phillips was convicted of multiple counts of indecent or lewd acts with children under the age of sixteen. The mother of the children sued Phillips, alleging various torts arising out of his crimes. The mother mov...

TULSA ADJUSTMENT BUREAU v. CALNAN
Date: June 26, 2018
Citation: 2018 OK 60
Docket Number: 116839
Oklahoma's Children, Our Future, Inc. v. Coburn  
Date: June 22, 2018
Citation: 2018 OK 55
Docket Number: 117020

Justia Opinion Summary: On May 1, 2018, Respondents-proponents Dr. Tom Coburn, Brooke McGowan, and Ronda Vuillemont-Smith timely filed Referendum Petition No. 25, State Question No. 799 (the petition) with the Oklahoma Secretary of State. The p...

Nye v. BNSF Railway Co.  
Date: June 19, 2018
Citation: 2018 OK 51
Docket Number: 113142

Justia Opinion Summary: The estate of a driver killed in a vehicle/train collision sued a railroad company in a wrongful death action. The District Court entered judgment on the jury verdict finding the driver and railroad negligent and apporti...

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. KRUGER
Date: June 19, 2018
Citation: 2018 OK 53
Docket Number: SCBD-6419
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. KNIGHT
Date: June 19, 2018
Citation: 2018 OK 52
Docket Number: SCBD-6614
IN THE MATTER OF THE STRIKING OF NAMES OF MEMBERS OF THE OKLAHOMA BAR ASSOCIATION
Date: June 11, 2018
Citation: 2018 OK 47
Docket Number: SCBD-6510
IN THE MATTER OF THE STRIKING OF NAMES OF MEMBERS OF THE OKLAHOMA BAR ASSOCIATION
Date: June 11, 2018
Citation: 2018 OK 48
Docket Number: SCBD-6511
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. MENZER
Date: June 4, 2018
Citation: 2018 OK 46
Docket Number: SCBD-6626
IN THE MATTER OF THE SUSPENSION OF MEMBERS OF THE OKLAHOMA BAR ASSOCIATION
Date: June 4, 2018
Citation: 2018 OK 44
Docket Number: SCBD-6659
IN THE MATTER OF THE SUSPENSION OF MEMBERS OF THE OKLAHOMA BAR ASSOCIATION
Date: June 4, 2018
Citation: 2018 OK 45
Docket Number: SCBD-6660
IN THE MATTER OF THE REINSTATEMENT OF HASTINGS
Date: May 29, 2018
Citation: 2018 OK 43
Docket Number: SCBD-6533
Green Meadow Realty Co. v. Gillock  
Date: May 15, 2018
Citation: 2018 OK 42
Docket Number: 115159

Justia Opinion Summary: This case centered on a dispute between Green Meadow Realty Co. (Realtor) and Roger and Mary Gillock (Owners) over Realtor's right to a commission. Realtor sued to recover a commission on a sale to certain buyers that Ow...

IN THE MATTER OF THE REINSTATEMENT OF MCLAUGHLIN
Date: May 15, 2018
Citation: 2018 OK 41
Docket Number: SCBD-6517
Pina v. American Piping Inspection  
Date: May 8, 2018
Citation: 2018 OK 40
Docket Number: 113899

Justia Opinion Summary: Petitioner Octavio Pina was employed as a pipeline installer by American Piping Inspection, Inc. At the time of his injury, he worked at an oilrig site approximately 130 miles away from his home. Petitioner traveled week...

Gentges v. Oklahoma Election Bd.  
Date: May 8, 2018
Citation: 2018 OK 39
Docket Number: 115440

Justia Opinion Summary: Prior to the Oklahoma Voter ID Act, Title 26, Section 7-114 required that "[e]ach person presenting himself to vote shall announce his name to the judge of the precinct, whereupon the judge shall determine whether said p...

REVOCATION OF CERTIFICATES OF CERTIFIED SHORTHAND REPORTERS
Date: May 7, 2018
Citation: 2018 OK 37
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. MINKS
Date: May 7, 2018
Citation: 2018 OK 36
Docket Numbers: SCBD-6644, Rule 6.2A
Lind v. Barnes Tag Agency  
Date: May 1, 2018
Citation: 2018 OK 35
Docket Number: 115130

Justia Opinion Summary: James David Lind, Sr. (Decedent) was an employee of Defendant-appellee Barnes Tag Agency Inc. (BTA). Decedent was hired in 2010, to perform maintenance work on property owned individually by Defendant Jim T. Roy Barnes (...

Sierra Club v. Oklahoma Corporation Comm'n  
Date: April 24, 2018
Citation: 2018 OK 31
Docket Numbers: w/115030, 115029

Justia Opinion Summary: This case involved an order of the Oklahoma Corporation Commission that granted Oklahoma Gas & Electric Company pre-approval to install pollution-control devices at one of its power plants. The order raised two issues: (...

Taracorp v. Dailey  
Date: April 24, 2018
Citation: 2018 OK 32
Docket Number: 115383

Justia Opinion Summary: In 2007, plaintiffs-appellants, Taracorp and Tara and Kelly Barlean, (collectively Taracorp) obtained a default judgment against defendants-appellees, Jeff Dailey and AJ's Bargain World in Colorado. Three days later, Tar...

Independent Sch. Dist. No. 54 v. Independent Sch. Dist. No. 67  
Date: April 24, 2018
Citation: 2018 OK 34
Docket Number: 115550

Justia Opinion Summary: Within the 2006 through 2010 tax years, the Oklahoma Tax Commission and the Oklahoma State Board of Equalization issued certified assessments of certain public property physically located within the boundaries of the Str...

HOPSON v. EXTERRAN ENERGY SOLUTIONS
Date: April 23, 2018
Citation: 2018 OK 33
Docket Number: 113563
IN RE: AMENDMENT TO THE OKLAHOMA SUPREME COURT RULE 1.4
Date: April 10, 2018
Citation: 2018 OK 30
IN THE MATTER OF THE REINSTATEMENT OF BOONE
Date: April 10, 2018
Citation: 2018 OK 28
Docket Number: SCBD-6534
Berry & Berry Acquisitions v. BFN Properties  
Date: April 3, 2018
Citation: 2018 OK 27
Docket Number: 114442

Justia Opinion Summary: Insight Equity, a private-equity firm headquartered in Southlake, Texas, purchased Berry Family Nurseries, a nationwide wholesale nursery company headquartered in Tahlequah, Oklahoma, for $160 million. The Purchase Agree...

OKLAHOMA INDEPENDENT PETROLEUM ASSOCIATION v. POTTS
Date: March 19, 2018
Citation: 2018 OK 24
Docket Number: 116679
McDonald v. Thompson  
Date: March 19, 2018
Citation: 2018 OK 25
Docket Number: 116680

Justia Opinion Summary: On December 20, 2017, Respondents Michael Thompson, Ray Potts, and Mary Lynn Peacher (collectively, Proponents) filed Initiative Petition No. 416, State Question No. 795 (IP 416) with the Oklahoma Secretary of State. IP...

OKLAHOMA OIL & GAS ASSOC. v. THOMPSON
Date: March 19, 2018
Citation: 2018 OK 26
Docket Number: 116682
Benedetti v. Cimarex Energy Co.  
Date: March 13, 2018
Citation: 2018 OK 21
Docket Number: 115136

Justia Opinion Summary: In 2013, Frank Benedetti, an employee of Schlumberger Technology Corporation, was working on an oil rig near El Reno, Oklahoma, when he slipped on an icy platform and fell more than thirty feet down a stairwell. Benedett...

Odom v. Penske Truck Leasing Co.  
Date: March 13, 2018
Citation: 2018 OK 23
Docket Number: 116554

Justia Opinion Summary: The United States Court of Appeals for the Tenth Circuit certified a question of Oklahoma law to the Oklahoma Supreme Court. Plaintiff-Appellant Perry Odom was an employee of Penske Logistics, LLC. Penske Logistics, LLC...

RE SUSPENSION OF CERTIFICATES OF CERTIFIED SHORTHAND REPORTERS
Date: March 12, 2018
Citation: 2018 OK 20
IN THE MATTER OF THE REINSTATEMENT OF REYNOLDS
Date: March 12, 2018
Citation: 2018 OK 22
Docket Number: SCBD-6505
Montgomery v. Airbus Helicopters, Inc.  
Date: March 6, 2018
Citation: 2018 OK 17
Docket Number: 114045

Justia Opinion Summary: The Oklahoma Supreme Court granted certiorari to address whether defendants-appellees, whose products were used to make an ambulance helicopter, had sufficient minimum contacts with the State of Oklahoma in order to esta...

Ridings v. Maze  
Date: March 6, 2018
Citation: 2018 OK 18
Docket Numbers: 115782, Comp. w/115869

Justia Opinion Summary: Plaintiff-respondents filed this negligence suit alleging that minor plaintiff, H.R., was struck by a car driven by Defendant Alexandria Maze, after H.R. exited from a school bus operated by Defendant Norman Public Schoo...

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BOUNDS
Date: March 6, 2018
Citation: 2018 OK 19
Docket Number: SCBD-6597
IN RE RULES OF SUPREME COURT OF OKLAHOMA ON LICENSED LEGAL INTERNSHIP
Date: February 26, 2018
Citation: 2018 OK 16
Docket Number: SCBD-2109
IN RE RULES CREATING AND CONTROLLING THE OKLAHOMA BAR ASSOC.
Date: February 26, 2018
Citation: 2018 OK 15
Docket Number: SCBD-4483
AMERICAN HONDA MOTOR CO. v. THYGESEN
Date: February 13, 2018
Citation: 2018 OK 14
Docket Number: 116394
Gaasch v. St. Paul Fire & Marine Ins. Co.  
Date: February 6, 2018
Citation: 2018 OK 12
Docket Number: 113035

Justia Opinion Summary: Plaintiff Stacy Gaasch, as personal representative for the Estate of Troy Gaasch, filed suit against St. Paul File and Marine Insurance Company, alleging the insurance company failed to timely provide reasonable and nece...

Oklahoma Assoc. of Optometric Physicians v. Raper  
Date: February 6, 2018
Citation: 2018 OK 13
Docket Number: 115938

Justia Opinion Summary: Initiative Petition No. 415, State Question No. 793, proposed to amend Article 20 of the Oklahoma Constitution by adding a new Section 3. The purpose of the amendment was to merge the rights and restrictions placed on op...

JP ENERGY MARKETING, LLC v. COMMERCE AND INDUSTRY INSUR. CO.
Date: February 5, 2018
Citation: 2018 OK 11
Docket Numbers: 115285, 115281, 115293
Cates v. Integris Health, Inc.  
Date: January 30, 2018
Citation: 2018 OK 9
Docket Number: 114314

Justia Opinion Summary: Plaintiff-appellant Elizabeth Cates was a former patient of defendant-appellee Integris Health, Inc.’s medical facility and claimed defendant wrongfully billed her, and others like her, for services. She filed this actio...

In the Matter of the Estate of Middleton  
Date: January 30, 2018
Citation: 2018 OK 7
Docket Number: 115227

Justia Opinion Summary: The probate court disqualified one of two co-personal representatives nominated in decedent's will. The disqualified nominee had a felony conviction for DUI. The probate court ruled that this was a conviction for an infa...

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BROOKING
Date: January 30, 2018
Citation: 2018 OK 8
Docket Number: SCBD-6496
Strickland v. Stephens Production Co.  
Date: January 23, 2018
Citation: 2018 OK 6
Docket Number: 115635

Justia Opinion Summary: An employee of a trucking company was killed while on the job at an oil-well site. The employee's surviving daughter brought a wrongful death action against the owner and operator of the well site, Stephens Production Co...

In the Matter of the Adoption of M.A.S.  
Date: January 17, 2018
Citation: 2018 OK 1
Docket Number: 114237

Justia Opinion Summary: The question this case presented for the Oklahoma Supreme Court’s review was whether the trial court's order declaring M.A.S. eligible for adoption without the biological father's consent, pursuant to Okla. Stat. tit. 10...

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. KLEINSMITH
Date: January 17, 2018
Citation: 2018 OK 5
Docket Number: SCBD-6585
IN RE AMENDMENTS TO THE CODE OF JUDICIAL CONDUCT
Date: January 16, 2018
Citation: 2018 OK 3
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